TERMS OF USE

These Terms of Use (these “Terms”) govern your use of the GR Makers LLC (“GR Makers”) Facility at 401 Hall Street SW, Grand Rapids, Michigan (the “Facility”) and use of the equipment in the Facility. Please read these Terms carefully. By entering the Facility and using the equipment in the Facility, you agree to be bound by these Terms. If you do not agree with any of these Terms, do not enter the Facility.

You agree to abide by the polices and procedures of the Facility, as they may be communicated to all Members from time to time, including any and all posted safety notices.

You agree to use the Facility for the purposes as communicated in the Facility’s policies and procedures, and for no other purpose.

You agree not to use the Facility in any way which would violate any local, state, or federal law, ordinance, or regulation. Should you violate these Terms, or any policy or procedure of the Facility, GR Makers may remove you from the Facility and terminate your access to the Facility.

No one under 18 (each, a “Minor”) shall be permitted in the Facility without an adult over the age of 18, who agrees to these Terms, accompanying each Minor and supervising each Minor during each such Minor’s use of the Facility.

You acknowledge and agree that certain machinery and equipment in the Facility may not be used without specific training. You agree to not use such machinery or equipment without the required training, and you further agree to not permit anyone else to use such machinery or equipment without the required training. You further agree that GR Makers does not, under any circumstances, accept any duty, whether express, implied, or otherwise, to teach or train the use of any equipment in the Facility to any degree of expertise or responsibility.

You acknowledge and agree that if you use machinery and equipment in the Facility without following the guidelines for that machinery and equipment, and an incident occurs which may not have occurred had you followed the guidelines for that machinery and equipment, you will be responsible for any resulting damage.

You agree not to use the Facility or anything within the Facility while intoxicated, inebriated, or impaired in any other way.

You acknowledge, understand, and voluntarily assume all risks associated with the Facility and use of the Facility’s equipment, the use of another person or entity’s equipment contained in the Facility, and locating equipment in the Facility, and in consideration for access to and use of the Facility, you, for yourself and your heirs, insurers, indemnitors, agents, and assigns (the “Releasing Parties”), agree to release, indemnify, and hold harmless GR Makers and its members, managers, officers, directors, affiliates, employees, agents, contractors, affiliate entities, insurers, and indemnitors (the “Released Parties”) against all claims and damages of any kind whatsoever, arising out of any theory whatsoever, including, but not limited to, claims alleging bodily injury arising from the Facility or any other individual’s or entity’s property within the Facility; property damage; theft; destruction; infringement of a third party’s intellectual property; or otherwise arising from (a) the alleged condition of the Facility; (b) the alleged use or misuse of the Facility by GR Makers or anyone in or at the Facility; (c) an event at or near the Facility; or (d) another alleged cause. In the event that GR Makers needs to retain counsel, the Releasing Parties agree to 1., pay all reasonable attorney’s fees and costs of defense, and 2., not to oppose GR Makers choice of counsel.

You agree that there is a risk in locating your equipment in the Facility. Under no circumstances will GR Makers or any Released Parties be in any way liable for any damage or destruction to, or theft of, your equipment located in the Facility or any personal property you choose to bring to the Facility. You bring all such property and equipment into Facility at your own risk.

You agree that, if you maintain an office or locker or other space within the Facility, that GR Makers shall, at all times, have the right to enter said space at any time, with no notice.

You agree that, if you maintain an office or locker or other space within the Facility, that you will get permission from GR Makers before making any changes to the space, and will responsible for returning the space back to its original state before vacating.

You understand and agree that, if you leave unused or unclaimed personal property within the Facility, GR Makers may, after giving reasonable notice to you, dispose of your belongings.

You agree that, if you observe a problem with any equipment in the Facility, you will report it to GR Makers as soon as practicable by emailing management@grmakers.com.

You understand and agree that GR Makers makes no warranty or representation whatsoever, express or implied, about the Facility or any equipment located within the Facility, whether such equipment is owned by GR Makers or another person or entity, including, but not limited to, warranties of quality, performance, merchantability, or fitness for a particular purpose or use. No warranties will arise by course of dealing, course of performance, or otherwise.

You understand and agree that the Facility is a collaborative workspace where myriad concepts are designed and built, and where development and iteration naturally thrive. You agree that GR Makers is not responsible for any other person or entity becoming aware of your intellectual property and/or confidential information and allegedly infringing on or circumventing such ideas, and you agree that you will take reasonable precautions to safeguard any information which you do not want to become known by third parties.

In the event that you may be entitled to recover damages from GR Makers, you agree that the maximum amount of damages that you may ever recover from GR Makers is the sum total you paid to GR Makers for your access to the Facility over the preceding 12 months.

These Terms will be governed by and construed in accordance with the laws of the State of Michigan, and any disputes hereunder shall be brought in a court of competent jurisdiction sitting in Kent County, Michigan. You consent to the jurisdiction of the such a court for adjudication of any dispute under these Terms.

You agree that these Terms will be binding upon the you and your successors and assigns.

These Terms are subject to change at any time, and GR Makers will post the most current version of these Terms on its website. Your use of the Facility shall constitute your acceptance of the most current version of these Terms.

In the event that any one or more of the provisions contained in these Terms shall, for any reason, be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provisions of these Terms, but these Terms shall be construed as if such invalid, illegal, or unenforceable provisions had never been contained herein, unless the deletion of such provision or provisions would result in such a material change so as to cause completion of the transactions contemplated herein to be unreasonable.

No waiver of any breach or threatened breach of any provision of these Terms will be deemed a waiver of any preceding or succeeding breach of any other provision of these Terms. No extension of time for performance of any obligations or acts will be deemed an extension of the time for performance of any other obligations or acts.

These Terms constitute the entire agreement regarding the subject matter of this document, and any and all prior agreements, representations, or promises are superseded by and/or merged into these Terms. These Terms may be altered or amended only by a written instrument signed by GR Makers.